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AG 2008 12 15
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AG 2008 12 15
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2/3/2010 3:10:17 PM
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Meeting Minutes
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Board of Commissioners
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Regular
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person doing the work. The stop-work order shall state the specific work to be stopped, the <br />specific reasons for the stoppage, and the conditions under which the work may be resumed. <br />Violation of a stop-work order constitutes a misdemeanor. <br />(c) Revocation of permits. The local administrator may revoke and require the return of the <br />development permit by notifying the permit holder in writing stating the reason for the <br />revocation. Permits shall be revoked for any substantial departure from the approved <br />application, plans or specifications; for refusal or failure to comply with the requirements of <br />state or local laws; or for false statements or misrepresentations made in securing the permit. <br />Any permit mistakenly issued in violation of an applicable state or local law may also be <br />revoked. <br />(d) Periodic inspections. The local administrator and each member of his inspections <br />department shall have a right, upon presentation of proper credentials, to enter on any <br />premises within the territorial jurisdiction of the department at any reasonable hour for the <br />purposes of inspection or other enforcement action. <br />(e) Violations to be corrected. When the local administrator finds violations of applicable <br />state and local laws, it shall be his duty to notify the owner or occupant of the building of the <br />violation. The owner or occupant shall immediately remedy each of the violations of law in <br />the property he owns. <br />(f) Action in event of failure to take corrective action. If the owner of a building or property <br />shall fail to take prompt corrective action, the administrator shall give him written notice, by <br />certified or registered mail to his last known address or by personal service: <br />(I) That the building or property is in violation of the flood damage prevention ordinance; <br />(2) That a hearing will be held before the local administrator at a designated place and time, <br />not later than ten days after the date of the notice, at which time the owner shall be entitled to <br />be heard in person or by counsel and to present arguments and evidence pertaining to the <br />matter; and <br />(3) That following the hearing, the local administrator may issue such order to alter, vacate, <br />or demolish the building; or to remove fill as appears appropriate. <br />(g) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed <br />above, the administrator shall find that the building or development is in violation of the <br />flood damage prevention ordinance, he shall make an order in writing to the owner, requiring <br />the owner to remedy the violation within such period, not less than 60 days, the administrator <br />may prescribe; provided that where the administrator finds that there is imminent danger to <br />life or other property, he may order that corrective action be taken in such lesser period as <br />may be feasible. <br />(h) Appeal. Any owner who has received an order to take corrective action may appeal from <br />the order to the local elected governing body by giving notice of appeal in writing to the <br />administrator and the clerk within ten days following issuance of the final order. The body <br />shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke <br />the order. <br />(i) Failure to comply with order. If the owner of a building or property fails to comply with <br />an order to take corrective action from which no appeal has been taken, or fails to comply <br />with an order of the governing body following an appeal, he shall be guilty of a misdemeanor <br />and shall be punished in the discretion of the court. <br />(Ord. of I 0-17-94, art. 4, ~ D) <br />Secs. 38-62--38-75. Reserved <br />SeG 3&60 SECTION E VARIANCE PROCEDURES. <br />21 <br />
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